These terms and conditions of use relate to services provided by Quickflix Limited (“Quickflix”). Subscription services (“Quickflix Services”) can be accessed at the Quickflix website, www.quickflix.com.au.

It is important that you read these terms and conditions of use carefully. By using, visiting or browsing the Quickflix website you agree to be bound by these terms and conditions of use.

Changes to terms and conditions of use

We reserve the right from time to time to change these terms and conditions at our sole discretion. We will notify you of any material updates by email. The most current version of the terms and conditions will supersede all previous versions and can be reviewed by clicking on the "Terms & conditions" hyperlink located at the bottom of the pages of the Quickflix website.

Becoming a member

To subscribe for Quickflix Services, you must be at least 18 years of age, have a valid credit card and an email address.

Free trials and promotional offers of the Quickflix rental service

A free trial and any promotional offers of the subscription service are available to eligible new members only. To be eligible for this offer, you must be a first time customer of the Quickflix subscription service.

Quickflix reserves the right to restrict the free trial promotion and any other promotions to one instance per household. The creation of additional accounts at the same household address may incur an immediate subscription charge against all subsequent accounts. Quickflix will charge for the abuse of the promotional trial service. This applies across all services provided by Quickflix.

The duration of the free trial or promotional offer may vary and is as advertised on the Quickflix web page used for your registration.

To receive a free trial or promotional offer you will need to register as a member of Quickflix and provide valid credit card details. When you register, we will validate your card with a test transaction of $3 which will result in your available credit being reduced by this amount. These funds are not held by Quickflix but by your card issuer. It will normally take 5-10 days for the validation amount to be re-adjusted on your credit card account. The validation is required to ensure the card is not being used fraudulently.

At the end of your free trial or promotional offer we will begin billing your credit card or PayPal account for the monthly subscription fees for your membership plan. If you do not cancel your free trial or promotional offer within the free trial or promotional period, you will be billed your first monthly subscription fee. If you cancel your free trial or promotional offer and don’t return your DVDs within 7 calendar days we may charge your credit card or PayPal account for a minimum of $29.95 for each DVD not returned. In addition to the replacement value of each title, you will be charged a non-refundable admin fee of $10.00 per disc. It is your responsibility to know when your free trial or promotional offer ends, and to cancel your free trial or promotional offer if you do not wish to become a paid member. During your free trial and certain promotional offers, you will be able to cancel your membership online via your accounts pages.

We reserve the right not to offer, refuse, or cancel a free trial or promotional offer. These offers are limited to one per person, one per household and one per credit card and cannot be combined with any other offer. We reserve the right to charge a subscription fee to your credit card where you have exceeded the aforementioned limit.

Whilst you are trialing the service some DVD and Blu-ray discs may be unavailable, as high demand (Premium) content is reserved for our paying members.

If you have already tried the Quickflix subscription service, you can sign-up again, but you won’t qualify for a free trial or new member sign-on incentives and will be immediately placed on our standard monthly plan as a paying member.

To activate your membership

Once you have completed the online registration process, you will be sent an email containing a link which is used to activate your membership. Please note that you must provide us with a valid and active email address, follow the procedure for activating your membership specified within the activation email, and add sufficient titles to your Queue, before we will be able to send you any DVDs.

Inactive and unused memberships may be closed after approximately two weeks of inactivity. If you wish to reactivate your account, please notify us and we will reactivate your membership using your existing details.

Gift vouchers

Purchasing gift vouchers

Redeeming gift vouchers

To redeem a gift voucher you must be at least 18 years of age, have a valid credit card and an email address. If you have been given a gift voucher, you can only redeem it through the Quickflix website within 12 months of the recorded purchase date.

If you are not already a member, you will be asked to enter your voucher code, your personal details, including your credit card details and an email address to commence your subscription. Your credit card is only charged if you continue with the service beyond the gift subscription period, purchase products or incur charges for lost or damaged DVDs.

Once the voucher period expires, you are free to continue using the service as a paying member. If you continue your subscription as a paying member, the appropriate fee for your selected membership plan will be charged to your credit card.

Other offers

From time to time we will introduce special offers, rewards, vouchers, gift certificates, payment plans and free membership trials which will be subject to specific terms and conditions.

Membership plans

Our subscription service membership plans allow you to rent DVDs with up to a specified number of titles out at a time with no late fees or due dates. Specific details regarding your membership can be viewed in the "My account" section of the Quickflix website.

Membership plans and the fees charged can be viewed here http://www.quickflix.com.au/public/plansandprices/plansandprices.aspx.

We will notify you by email in advance of any change in the subscription fee for your membership plan. You will have the option of accepting the change, moving to another membership plan or cancelling the service. If you do not move to another plan or cancel the service, we will charge your credit card or your PayPal account at the new fee from your next billing date.

Paying subscription fees

We will charge your credit card or PayPal account with the monthly subscription fee for your membership plan at the start of each billing period during your subscription. We will continue to charge your credit card or PayPal account on a monthly basis until you cancel your membership. You can review your billing history in the "My account" section of the website.

Tax invoices for the payment of your subscription fees can be created and sent to you on request.

Changing your membership plan

You can change your membership plan anytime on the My account page. Your plan will automatically change on the specified date.

Blu-ray access

Access to Blu-ray titles is not included within normal monthly subscription charges for capped plans but is included within the normal monthly subscription fee for unlimited plans. Blu-ray access can be purchased for an additional $1 extra on top of your normal membership subscription period on one, two, four and five capped plans. On all other capped plans, Blu-ray access can be purchased for an additional $2 extra on top of your normal monthly membership subscription. This can be turned off at any time however refunds will not be provided for unused Blu-ray access.

Cancelling your membership

Your membership can only be cancelled by calling our Member Care Team on 1300 138 644 (Monday to Friday 9:00am-7:00pm AEST, excluding public holidays). We do not accept cancellation requests via email. Billing will stop once you have completed this process. We must receive all outstanding DVDs within 7 calendar days of cancellation. If we do not receive your DVDs within this period we will charge your credit card or your PayPal account the replacement value of $29.95 per DVD and $39.95 for HD and Blu-ray titles. In addition to the replacement value of each title, you will be charged a non-refundable admin fee of $10.00 per disc. If for any reason the aforementioned charges cannot be processed against your credit card or your PayPal account we will forward the matter onto a debt recovery agency without prior notice. Should this occur, you are liable for all recovery and legal costs incurred by us. Any correspondence from this point will strictly be between you and the debt recovery agency. We do not provide a refund or credit for any partial monthly subscription periods outstanding on cancellation.

If you have joined on one of our 6 or 12 month subscription plans and you cancel your membership prior to the end of the contracted period, then a cancellation fee will be charged to your credit card or your PayPal account as follows:

• 6 month plan: a cancellation fee of $50 applies.
• 12 month plan: a cancellation fee of $100 applies.

Suspending your membership

As a paying member you may suspend your membership for a total of 3 months in any 12 month period. Your membership will automatically be reactivated at the end of the specified period of suspension, to a maximum of 3 months from the date of the start of suspension. You cannot suspend your membership if you are on a free trial.

To suspend your membership, click on "My account" and then "Suspend my account" and follow the instructions. Your account will be suspended and billing will stop once you have completed this process and returned any outstanding DVDs. Please note that your membership will not be suspended until you have returned any outstanding DVDs, and you may continue to be billed if any outstanding DVDs have not been received.

To re-activate your account, return to the "Suspend my account" section and follow the instructions. Your account will re-activate and billing will recommence. Your new billing date will be set after applying any credits in your account at the time of suspension.

Maintaining your credit card details

If your credit card details change, you may edit your credit card information in the "My account" section of the website. If your credit card details change, you must update them on your account, or contact member services with your new card details, otherwise we will put your membership on hold and stop sending out any further discs. The membership billing cycle is continuous; your credit card account will be billed each month until the membership is cancelled.

Maintaining member information and account access

You are responsible for ensuring your member information as entered in the registration form and subsequently detailed in the "My account" section is current, accurate and complete. You can maintain and update your membership information from the "My account" page and may request access to all personal information held by us as stated in our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. Quickflix will charge you for DVDs lost as a result of you not maintaining your account information.

We reserve the right to keep indefinitely any information relating to members who have been identified as abusing Quickflix Services in any way, including abuse of the free trial, and DVD piracy, and to share this information with third parties including other DVD rental and on-line entertainment companies.

Right to suspend or cancel

We reserve the right to suspend or cancel your membership if we have reasonable grounds to suspect that your member information is incorrect, inaccurate or incomplete or there has been unauthorised access to your account.

We reserve the right to terminate or restrict your use of Quickflix Services, without notice, for any or no reason whatsoever.

Refunds

Any billing related refunds will be at the discretion of Quickflix. All refunds processed will be subject to a compulsory administration fee of $10.

Using subscription services

Availability of DVDs

We recommend that you always have at least 20 titles in your Queue, so that we are able to dispatch your next available DVD once you have returned a DVD, or once you have notified us that you are returning a DVD (subject to your DVD entitlement). Please note that if there are no DVDs specified on your Queue, or none of the DVDs listed on your Queue are available, we may not be able to dispatch any DVDs to you, even if you have not received all of your DVD Entitlement. Therefore we recommend that you always keep your Queue topped up with at least 20 titles.

From time to time, certain titles may become unavailable or deleted from supplier catalogues. We always endeavour to maintain sufficient copies of titles listed, but on occasion we may not be able to source certain titles.

Where titles are subject to availability constraints, the title is labelled in your Queue with an indication of the availability of the title at that point in time:

Delivery service

We use Australia Post for the delivery and return of DVDs utilising our own specially designed reply-paid envelopes. Please allow for Australia Post delivery times. We are not responsible for any delay or misdirection of mail.

Notifying us that you have returned a DVD

As a paying member you are able to access a service on our website that enables you to notify us that you have returned a DVD. The service was created to reduce the impact of any postal delays you may experience.

You can notify us that you have returned a DVD 24 hours from when the DVD was sent to you. Once you have notified us that you are returning a disc, we will send your next available title within 2 business days of notification.

We reserve the right to disable this function if the service is being abused. For example, if the number of DVDs you have out and have notified us as returned, continuously exceeds your DVDs out subscription entitlement.

DVD care, loss and damage

You are responsible for your DVDs so please handle them with care. We reserve the right to charge your credit card or PayPal account a minimum of $29.95 per DVD and $39.95 per Blu-ray for the replacement value of any item that meets the following criteria: Where an item is stolen, damaged or lost whilst in your possession, where an item is lost in the mail due to incorrect address details being provided by you.

It is your responsibility to provide a secure letterbox. It is your responsibility to notify Quickflix within 5 – 14 days of dispatch if a DVD has either not been delivered to you, or not been received back by us. If a DVD is stolen from your letterbox, or where a member does not report a lost DVD to Quickflix within 14 days, again a minimum charge of $29.95 per DVD and $39.95 per Blu-ray will apply. In addition to the replacement value of each title, you will be charged a non-refundable admin fee of $10.00 per disc.

DVD piracy

All DVDs remain the property of Quickflix. You are prohibited from copying or altering the DVD in any manner. We take DVD piracy very seriously, and will report any users of the service who are illegally copying DVDs.

Copyright

All content of the Quickflix website including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation is the property of Quickflix or its suppliers and is protected by Australian and International copyright laws.

Unless otherwise specified, the content of the Quickflix website is for your personal and non-commercial use and we grant you a limited license to access the Quickflix website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Quickflix website without our express written consent.

Trademarks

"Quickflix" is a trademark of Quickflix Limited. All Quickflix graphics, logos, page headers, button icons, scripts and service names are trademarks of Quickflix. Quickflix's trademarks may not be used in connection with any product or service other than that of Quickflix. All other trademarks not owned by Quickflix that appear on the Quickflix website are the property of their respective owners who may or may not be affiliated with connected to or sponsored by Quickflix.

Website content

We permit you to post reviews on the Quickflix website in accordance with the procedures established on the Quickflix website, provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. By posting any information on the Quickflix website, you grant us a nonexclusive, perpetual royalty-free license to display, use, reproduce, sub-licence or modify that information. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. You also agree to indemnify Quickflix, its subsidiaries, shareholders, directors, officers or employees from and against any loss, damage, liability, costs or expenses it suffers or incurs in connection with any reviews posted on the Quickflix website. We reserve the right to remove or edit such content at any time without notice.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Quickflix website are those of the respective authors or producers and not of Quickflix or its shareholders, directors, officers or employees. Under no circumstances shall Quickflix or its shareholders, directors, officers, directors or employees be held liable for any loss or damage caused by your reliance on information obtained through the Quickflix website. It is your responsibility to evaluate the information, opinion, advice or other content available through the Quickflix website.

Links

Some of the hyperlinks on the Quickflix website may lead to other websites that are not controlled by or affiliated with Quickflix. In addition, other websites may link to the Quickflix website. Quickflix has not reviewed such websites and is not responsible for their content or privacy policies.

Limitations on liability

Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Quickflix service or the Quickflix website except to the extent that such liability cannot be excluded by law.

Where the law implies warranties or conditions into these terms and conditions which cannot be excluded, restricted or modified, to the extent which Quickflix is entitled, its liability will be limited in the manner permitted under section 68A of the Trade Practices Act 1974 at its option to:

(a) in the case of a supply of a product, the replacement of the product, the supply of an equivalent product, payment of the cost of replacing the product, payment of the cost of supplying an equivalent product, the repair of the product, or the payment of the cost of having the product repaired; and

(b) in the case of a supply of services, the supply of the services again, the supply of equivalent services, the payment of the cost of having the services supplied again, or the payment of the cost of supplying equivalent services.

Assignment

We may assign any or all of its rights and obligations pursuant to these terms and conditions without the need to obtain your consent.

Privacy

Any information submitted on the Quickflix website is subject to our "Privacy policy". Please review our "Privacy policy" to understand our practices.

The Quickflix website uses a NetRatings Australia auditing system on its website. Website users can click here for more information on NetRatings Australia, the NetRatings Australia auditing system and NetRatings Australia’s privacy policy.

Applicable law

Your use of this site is governed by, construed and enforced in accordance with the laws of Western Australia, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Western Australia, Australia.